U.S. v. Jimenes

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 16-3191
Decision Date: 
March 23, 2017
Federal District: 
C.D. Ill.
Holding: 
Affirmed

Dist. Ct. did not err in sentencing defendant to 151-month term of incarceration on drug and money-laundering charges, even though said sentence was based, in part, on prior state-court misdemeanor conviction that was used to enhance instant sentence. While defendant claimed that Dist. Ct. could not base enhancement on said misdemeanor conviction, since it was obtained without use of Spanish interpreter, defendant could not raise instant collateral attack on his state-court conviction that was used to enhance his sentence. See, Custis, 511 U.S. 485. Moreover, transcript of state-court proceedings did not reveal any “plainly detectable” flaw with respect to defendant’s state-court conviction.